Riley Brennan

"The parties negotiated and agreed upon a specific schedule and related procedures for payments to be made in settlement of litigation," Pappert said. "Claimants want the court to ignore the specific dates, deadlines and terms in the settlement agreement in favor of five words, 'time is of the essence,' that are not. The court declines to do so."

"So far as I know, we're the first plaintiff firm to successfully pursue that theory," plaintiffs' attorney Keith West of Victim Recovery Law Center, in Newtown Square, said.

The decedent's adult children and walked the jury through the 29 days of pain their mother experienced before her death.

Brad O'Brien filed the suit on behalf of his partner, Melissa Allen, who died days after undergoing an emergency cesarean section at Lowell General Hospital. He argued his suit wasn't time-barred because his time to file a claim didn't start accruing until he first spoke to his lawyer in September 2017, when he claimed to have learned of the potential negligence.

The plaintiffs argued that the withholding and concealment of the records until days before trial began was done in violation of state and federal law, as well as the plaintiff's right to obtain his own medical information.

The complaint accuses the defendants of executing a large-scale fraudulent check-kiting scheme against the bank in July, allegedly depositing over $77 million in bad checks across numerous accounts at the bank.

"[U]nless restrained by this court, will continue to lessen, and dilute the strength and distinctiveness of the We Win trademark rights," the complaint said.

The company argued that it did not view the plaintiff's medical records as indicating he was disabled, but rather that the records showed that seizures may impair his work later.

The plaintiff was working for Tyoga Container Co. when he stepped on a Mainline-manufactured mesh belt conveyor that activated and threw him off, resulting in severe lacerations.

The plaintiffs attorney, who is representing more than 100 people in connection with misfiring claims against Sig Sauer, said this was the first time the company has attempted to remove one of the cases to federal court.